HomeMy WebLinkAbout07 - Final Tract Map for Development Located at 20452 Santa Ana AvenuePORT CITY OF
O �
_ i NEWPORT BEACH
City Council Staff Report
<i FO RN
October 23, 2018
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: David Keely, Senior Civil Engineer, dkeely@newportbeachca.gov
PHONE: 949-644-3349
TITLE: Final Tract Map No. 18039 for a 7 -Unit Residential Condominium
Development Located at 20452 Santa Ana Avenue
ABSTRACT:
Dublin 4, LLC, a California Limited Liability Company (Property Owner), was approved to
construct a 7 -unit residential condominium subdivision development at 20452 Santa Ana
Avenue. The development's Final Tract Map No. 18039 for Condominium Purposes is
now ready for City Council review and approval.
RECOMMENDATION:
a) Find this project is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15332 under Class 32 (In -Fill Development) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment;
b) Find that Final Tract Map No. 18039 is in substantial conformance with Tentative Tract
Map No. NT2016-003 for the proposed development as approved by the Planning
Commission on November 17, 2016 (Planning Commission Resolution No. 2036) and
upheld by City Council on February 29, 2017 (City Council Resolution No. 2017-15);
c) Review and approve the Subdivision Agreement for Final Tract No. 18039 pursuant
to Section 19.36.010 of the Municipal Code, and authorize the Mayor and City Clerk
to execute the Subdivision Agreement;
d) Review and approve the required construction securities for Final Tract No. 18039
pursuant to Section 19.36.030 of the Municipal Code; and
e) Review and approve Final Tract Map No. 18039 for the subdivision of property located
at 20452 Santa Ana Avenue pursuant to Section 19.60.010 of the Municipal Code.
7-1
Final Tract Map No. 18039 for a 7 -Unit Residential Condominium Development
Located at 20452 Santa Ana Avenue
October 23, 2018
Page 2
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item
DISCUSSION:
Dublin 4, LLC a California Limited Liability Company (Property Owner), was approved to
construct a residential condominium development located at 20452 Santa Ana Avenue
as depicted on Attachment A. The residential development consists of a 7 -unit
condominium subdivision on approximately 0.264 acres of land along Santa Ana Avenue
and northeast of the intersection of Mesa Drive and Santa Ana Avenue.
Tentative Tract Map No. NT2016-003 for the proposed development was approved by
the Planning Commission on November 17, 2016 (Attachment D — Planning Commission
Resolution No. 2036). On December 1, 2016, a neighbor appealed the Planning
Commission's decision to the City Council. The appeal of Major Site Development
Review No. SD2016-002 was timely because it was within the 14 -day appeal period
provided in Municipal Code Section 20.64.030(B); however, the appeal of Tentative Tract
Map No. NT2016-003 was not timely because it was past the 10 -day appeal period
provided in Municipal Code Sections 19.12.050 and 20.64.030(B)(1). On February 28,
2017, the City Council upheld the Planning Commission's approval of Major Site
Development Review No SD2016-002 (Attachment E — City Council Resolution No. 2017-
15). The initial application for final tract map review was submitted to the Public Works
Department on June 5, 2017 for approval and filing in order to construct the residential
condominium development.
Attachment C shows the applicant has provided the necessary construction surety bonds
in the amount consistent with the Public Works Department approved cost estimate and
in the form acceptable to the City, guaranteeing completion of the various required public
and private improvements. The bonds have been reviewed and approved by the City
Attorney's Office and Public Works Department. The applicant has also satisfied all
applicable Tract Map conditions of approval for the residential condominium
development.
Per Section 19.60.010 of the Municipal Code, the City Council shall review Final Tract
Maps. Final Tract Map No. 18039, included as Attachment B, does substantially conform
to the applicable Tentative Tract Map and its conditions of approval. Per Sections
19.36.010 and 19.36.030 of the Municipal Code, the City Council shall review the
Subdivision Agreement and required securities to ensure the completion of all required
improvements. The Final Map also conforms to all requirements of the Subdivision Map
Act and the City's Subdivision Regulations.
7-2
Final Tract Map No. 18039 for a 7 -Unit Residential Condominium Development
Located at 20452 Santa Ana Avenue
October 23, 2018
Page 3
ENVIRONMENTAL REVIEW:
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15332 under Class 32 (In -Fill Development) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has not potential to have a significant
effect on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Final Tract Map 18039
Attachment C — Subdivision Agreement and Surety Bonds
Attachment D — Planning Commission Resolution No. 2036
Attachment E — City Council Resolution No. 2017-15
7-3
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SHEET 1 OF 4 SHEETS
LOTS: 1 NUMBERED
ACREAGE: 11,489 SQ. FT./0.264 AC.
DATE OF SURVEY: MAY, 2017
ALL OF THE CITY OF NEWPORT BEACH
TENTATIVE TRACT NO. NT2016-003
OWNERSHIP CER TIFI CA TE.•
ATTACHMENT B
TRACT NO. 18039
IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA
FOR CONDOMINIUM PURPOSES
BEING A SUBDIVISION OF A PORTION OF LOT 6 OF TRACT NO. 456, AS PER MAP FILED
IN BOOK 17, PAGE 9 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ROBIN B. HAMERS, R.C.E. 31720 MAY 2017
WE, THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE
LAND COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION
OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.
WE HEREBY DEDICATE TO THE CITY OF NEWPORT BEACH.-
1. THE EASEMENT FOR PEDESTRIAN PURPOSES, AS SHOWN ON SAID MAP.
DUBLIN 4, LLC, A CALIFORNIA L IMI TED LIABILITY COMPANY
lom
ADRIENNE BRANDES, MANAGER/PRESIDENT
NOTARY ACKNOWLEDGMENT.•
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS
ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA
SS
COUNTY OF
ON , BEFORE ME, A NOTARY
PUBLIC, PERSONALLY APPEARED
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE
NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND
THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE PERSON(S), OR THE
ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA
THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND.•
SI GNA TURF
NOTARY PUBLIC IN AND FOR SAID STATE
(NAME PRINTED)
SIGNATURE OMISSIONS:
MY PRINCIPAL PLACE OF BUSINESS
IS IN COUNTY.
MY COMMISSION NO.-
(NAME
O.
MY COMMISSION EXPIRES. -
PURSUANT TO THE PROVISIONS OF SECTION 66436 (a) (3) (A) OF THE SUBDIVISION MAP
ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED. -
1. MESA CONSOL IDA TED WATER DISTRICT, SUCCESSOR TO SANTA ANA HEIGHTS WATER
DISTRICT, HOLDER OF AN EASEMENT FOR UTILITY PURPOSES AS RESERVED PER
DOCUMENT RECORDED OCTOBER 3, 1927 IN BOOK 93, PAGE 52 OF OFFICIAL
RECORDS.
ACCEPTED AND FILED AT THE
REQUEST OF
NORTH AMERICAN TITLE COMPANY
DATE:
TIME:
INSTRUMENT NO.
BOOK
FEE $
PAGE
HUGH NGUYEN
COUNTY CLERK -RECORDER
ENGINEER'S S TA TEMEN T.• DEPUTY
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD
SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL
ORDINANCE AT THE REQUEST OF ADRIENNE BRENNAN, IN APRIL, 2017. I HEREBY STATE
THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR
THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN 365 DAYS OF RECORDATION; AND THAT
SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY
STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED
TENTH TI VE MAP.
QRpFESS/0�
�O 1N B.
PREPARED BY ME OR UNDER MY DIRECTION: No. �`o
c� RCE 31720 m
EXP. 12/31/2018
7/11/2018 �yT clvi\-
ROBIN B. HAMERS, R.C.E. 31720 DATE FOFF CAL�Fp
EXP. 12-31-18
COUNTY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING
PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND I AM SATISFIED
SAID MAP IS TECHNI CALL Y CORRECT.
DATED THIS DAY OF-
NOTARY
F_
KEVIN R. HILLS, COUNTY SURVEYOR
L. S. 6617
, 2018.
BY- LILY M. N. SANDBERG, DEPUTY COUNTY SURVEYOR
L. S. 8402
CITY ENGINEER'S STATEMENT:
-
I HEREBY STA TE THA T I HA VE EXAMINED THIS MAP AND HA VE FOUND I T TO BE
SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP, IF REQUIRED, AS FILED WITH,
AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION; THAT ALL PROVISIONS OF THE
SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH.
DA TED THIS DA Y OF 2018
FESS/
ON
�Q �\/,,VUKp��9�
MARK K. VUKOJEVIC
R.C.E. NO. 61527`" NO. "0 RE 61527
z
EXP. DATE.- 61JO12019 W EXP. 6/30/2019 m
CITY ENGINEER/DEPUTY PUBLIC WORKS DIRECTOR
CITY OF NEWPORT BEACH �y� clvl\-
F OF CAS-�Fp�
CITY CLERK'S CERTIFICATE:
STATE OF CALIFORNIA
COUNTY OF ORANGE SS
CITY OF NEWPORT BEACH
I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AT A REGULAR MEETING THEREOF HELD ON THE DA Y
OF , 2017 AND THAT THEREUPON SAID COUNCIL DID, BY AN ORDER
DULY PASSED AND ENTERED, APPROVE SAID MAP.
AND DID ACCEPT ON BEHALF OF THE CITY OF NEWPORT BEACH.-
1. THE EASEMENT FOR PEDESTRIAN PURPOSES, AS DEDICATED.
AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION
664J6(a) (3) (A) OF THE SUBDIVISION MAP ACT.
IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND AFFIXED THE OFFICIAL SEAL OF
THE CITY OF NEWPORT BEACH.
DA TED THIS DA Y OF
LEILANI BROWN
CITY CLERK, CITY OF NEWPORT BEACH
2018.
COUNTY TREASURER — TAX COLLECTOR'S CERTIFICATE:
STATE OF CALIFORNIA
SS
COUNTY OF ORANGE
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE, THERE ARE NO LIENS
AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE,
COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES,
EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE.
AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE
SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT
OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS
MAP.
DA TED THIS DA Y OF
SHARI L. FREIDENRICH
COUNTY TREASURER - TAX COLLECTOR
, 2018.
urn
TREASURER - TAX COLLECTOR
7-5
SHEET 2 OF 4 SHEETS
LOTS: 1 NUMBERED
ACREAGE: 11,489 SQ. FT./O.264 AC.
DATE OF SURVEY: MAY, 2017
ALL OF THE CITY OF NEWPORT BEACH
TENTATIVE TRACT NO. NT2016-003
2
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BASIS OF BEARINGS
TRACT NO. 18039
IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA
ROBIN B. HAMERS, R.C.E. 31720 MAY 2017
BOUNDARY ESTABLISHMENT &HORIZONTAL CONTROL
DIAGRAM & OCS GPS TIE SHEET
THE BEARINGS SHOWN HEREON ARE BASED UPON THE
BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION
GPS NO. 6169R1 AND STATION GPS NO. 6158 BEING
NORTH 40 37'41 " EAST PER RECORDS ON FILE IN THE
OFFICE OF THE COUNTY SURVEYOR.
DATUM STATEMENT
COORDINATES SHOWN ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM (CCS83), ZONE V1, 1983 NAD,
(2007.00 EPOCH, OCS GPS ADJUSTMENT). ALL DISTANCES
SHOWN ARE GROUND, UNLESS OTHERWISE NOTED. TO
OBTAIN GRID DISTANCES MUL TIPL Y GROUND DISTANCE BY
0.99997271. (GPS# 6169R1).
ORCHARD DRIVE
N49'22'10"W
330.36' (330.29'R1)(330'R4)
4.62'(M&R1)
10.00' N25.00'
— — — — —
290.35'
300.35' [300'R4]
N49'22'10"W C
14
SEE DETAILS "A & B" ON N
SHEET 4 FOR CL TIES
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REFERENCE NOTES:
(R 1) RECORD DATA PER RECORD OF SURVEY NO. 2008-1172,
R. S.B. 233/40— 41
(R2) RECORD DATA PER TRACT NO. 16277, M.M. 833/21-23.
(R3) RECORD DATA PER DOCUMENT RECORDED FEBRUARY 14,
2008 AS INSTR. NO. 2008000068978, O.R.
(R4) RECORD OR CALCULATED DATA PER TR. NO. 456, M.M.
17/9.
(R5) RECORD DATA PER RECORD OF SURVEY NO. 2006-1027,
R. S.B. 212/21-25.
660.75' (660.57'R1)[660'R4] 12
330.39' (330.28'R1)[330'R4] _
300.17' In
N
330.39' (330'R4)
630.74' [630'R4]
Lo
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w
L 30.22'(30.19'R1)
\10 ONE HEET 4.ETAIL '�D"
NOTE
NON—RELEVANT TRACT 456 LOT LINES
ARE SHOWN FOR CLARITY PURPOSES
ONLY AND WERE NOT RE—ESTABLISHED.
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5 I—N49�21'41"W 330.13' (330.12'R1)(330'R4)
SFN SEE SHEET 3 FOR DETAIL
F;. S, 1�1J. 2�J�J3 1112 DNS DNS
OF THIS AREA.
F,33, 233/40-41 DNS ^
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LOT 1
�1 -1N `r ,mrn
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11,489 SQ. FT/ c cj �� �� °')
0.264 AC. c�CJr' I CN r
N49'21'38"W 330.10(M&R1)(330'R4) —� 00
SFN 17 I M z
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/5/xA 7 300.08'[300'R4] \ B SFN I 330.09'(330'R4)
0 N49 21'35"W 0' 30.0oM 630.17'[630'R4]
I30.00'
330.07' (M&R1)(330'R4) I _330.09' (330.08'R1)[330'R4]
1 660.16' (M&R1)[660'R4]
N49'21'35"W
\ � MESA DRIVE
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LEGEND
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(xxx. xx'R#)
[xxx. xx'R#�
SURVEYOR'S BOUNDARY NOTE:
THERE ARE NO CONFLICTS WITH EXISTING
VISIBLE IMPROVEMENTS AND THE EXTERIOR
BOUNDARY LINE (DISTINCTIVE BORDER) OF
THIS MAP AS ESTABLISHED HEREON.
TO BE SET- AT ALL TRACT BOUNDARY CORNERS
AND POINTS AS SHOWN A 2" I.P. TAGGED
"R.C.E. 31720" OR LEAD, TACK & TAG STAMPED
"R.C.E. 31720" OR AN 8" SPIKE & WASHER
STAMPED "R.C.E. 31720"
FOUND MONUMENT AS NOTED
FOUND O.C.S. GPS HORIZONTAL CONTROL
STATION MONUMENT PER RECORDS ON FILE IN
THE OFFICE OF THE ORANGE COUNTY SURVEYOR
FOUND
SEARCHED, FOUND NOTHING
DID NOT SEARCH, PROPERTY OWNER DENIED ACCESS.
(UNABLE TO SET PROPERTY CORNER)
INDICATES DIMENSION AS SHOWN ON RELEVANT
REFERENCE MAP.
INDICATES DIMENSION AS CALCULATED FROM
RELEVANT REFERENCE MAP.
MONUMENT NOTES:
O O.C.S. GPS CONTROL POINT 6169R1
FD. LEAD & TACK WITH TAG STAMPED "RCE 27743" PER
RECORD OF SURVEY NO. 2008-1172, R.S.B. 233/40-41
& CR 2001-831, FLUSH
N: 2188049.84
E.• 6063375.13
2O 0. C. S. GPS CON TROL POIN T 6158
FD. PUNCHED BOL T IN 0. C. S. WELL MONUMEN T PER CR.
2014-0466, DN. 1.5'
N: 2190058.36
E.• 6065098.35
3O FD. 2" I.P. W/ TAG "LS 2857" PER R1, FLUSH.
LOCATED FOR REFERENCE PURPOSES ONLY AND DOES
NOT ESTABLISH LOT LINE LOCATION.
4O FD. C—NAIL & TAG "LS 2988" PER R1, FLUSH.
LOCATED FOR REFERENCE PURPOSES ONLY AND DOES
NOT ESTABLISH LOT LINE LOCATION.
O5 FD. LEAD, NAIL & TAG "LS 7809" PER R1, FLUSH,
N47°00'24 "W 0.95'
O6 FD. LEAD, TACK & TAG "LS 3186" PER R1, FLUSH.
N39 2639 "W 0.97'
O7 FD. LEAD & TAG STAMPED "RCE 13195" IN TOP OF WALL
IN LIEU OF 2" I.P. W/TAG "RCE 13195" PER R2, FLUSH.
A CCEP TED AS THE W'L Y CORNER OF TR. NO. 16277, M.M.
833/21-22.
O8 FD. 1" I.P. NO TAG, NO REF., FLUSH. ACCEPTED AS I"
I.P. W/TAG "LS 3109" PER R1, S60`0727"E 0.13'
O9 FD. LEAD, NAIL & TAG "LS 7809" PER R1, DN. 0.1'
A CCEP TED AS CEN TERL INE IN TERSEC TION MESA DRIVE
AND RIVERSIDE DRIVE.
10 FD. SPIKE & WASHER STAMPED "LS 7993" PER P.M. NO.
2009-128, P.M.B. 376/21-24, FLUSH. ACCEPTED AS
BEING ON THE NE'L Y PRODUCTION OF THE SE'L Y LINE OF
LOT 15. HELD FOR LINE.
11 FD. 1" I.P. W/WOOD PLUG, NO TAG, NO REF., FLUSH.
ACCEPTED AS BEING THE E'LY CORNER OF LOT 15 AS
SHOWN ON TRACT NO. 16924, M.M. 896/43-47.
12 FD. SPIKE & WASHER STAMPED 157809" PER R1, DN.
0.3 ' HELD FOR LINE OF CENTERLINE OF ORCHARD DRIVE.
ACCEPTED AS CENTERLINE INTERSECTION OF REDLANDS
DRIVE AND ORCHARD DRIVE.
13 SEARCHED FOUND NOTHING. ESTABLISHED PER TIES OCS
A/SW—IRV 2416-2434, PG. 2419.
14 SEARCHED FOUND NOTHING. ESTABLISHED BY
PRORA TION.
DQ
CITY OF NEWPORT BEACH j
Lu
COUNTY OF ORANGE w
165.02' (M&R2)
825.18" (M&R1) 9 CZO
NO TE. -
SEE SHEET 3 FOR LOT DETAIL.
SEE SHEET 3 FOR PROPOSED EASEMENT
AND DEDICATION NOTES.
SEE SHEET 4 FOR ESTABLISHMENT NOTES
AND DETAILS.
7-6
SHEET 3 OF 4 SHEETS
LOTS: 1 NUMBERED
ACREAGE: 11,489 SQ. FT./0.264 AC.
DATE OF SURVEY: MAY, 2017
ALL OF THE CITY OF NEWPORT BEACH
TENTATIVE TRACT NO. NT2016-003
SEE SHEET 2
I 1 1
TRACT NO. 18039
IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA
ROBIN B. HAMERS, R.C.E. 31720 MAY 2017
J
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N49°22'19"WI 4
39.03'
SEE NOTE ON SHEET 2 FOR ESTABLISHMENT
I
OF CITY/COUNTY BOUNDARY LINE
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A/nTC.
SEE SHEET 2 FOR BOUNDARY ESTABLISHMENT
N49°21'41 "W
140.13' (140.12'R1)
140.12' (140.11'R1
2.00' EASEMENT FOR PEDESTRIAN
E 300.13'[300'R4] DNS'
290.13'
2008--l-172 � I
rnl
180.12' (180.11'R1)
PURPOSES DEDICATED HEREON TO
THE CITY OF NEWPORT BEACH.
(SEE DETAIL "C" ON SHEET 4.) 01 "o
LOT 1
11,489 SQ. FT/0.264 AC.
140.10'
N49°21'38"W
140.08' (M&R1)
N 49°21'35"W
0
r)
330.13' (330.12'R1)[330'R4]
75.00' (M&R1) 75.00' (M&R1)
DNS'
11)
150.00' (HELD PER R3)
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290.08'M[290.08'R1 ]
330.07' (330.08'R1)[330'R4]
MESA DRIVE
SEE SHEET 2 FOR HORIZONTAL CONTROL SCHEME, OCS GPS TIES,
MONUMENT NOTES, BASIS OF BEARINGS, DATUM STATEMENT,
REFERENCE NOTES AND LEGEND.
SEE SHEET 4 FOR ESTABLISHMENT NOTES AND DETAILS.
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2.00' EASEMENT FOR PEDESTRIAN
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PURPOSES DEDICATED HEREON TO
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140.10'
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SEE SHEET 2 FOR HORIZONTAL CONTROL SCHEME, OCS GPS TIES,
MONUMENT NOTES, BASIS OF BEARINGS, DATUM STATEMENT,
REFERENCE NOTES AND LEGEND.
SEE SHEET 4 FOR ESTABLISHMENT NOTES AND DETAILS.
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EA SEMEN T NO TE.•
AN EASEMENT FOR PUBLIC UTILITY PURPOSES TO MESA
CONSOL IDA TED WA TER DISTRICT AS RESERVED IN
DOCUMENT RECORDED OCTOBER 3, 1927 IN BOOK 93,
PAGE 52 OF OFFICIAL RECORDS OF ORANGE COUNTY.
(EASEMENT NOT PLOTTABLE.)
7— 7
SHEET 4 OF 4 SHEETS
TRACT NO. 18039
LOTS: 1 NUMBERED
ACREAGE: 11,489 SQ. FT./0.264 AC. IN THE CITY OF NEWPORT BEACH,
DATE OF SURVEY: MAY, 2017 COUNTY OF ORANGE STATE OF CALIFORNIA
ALL OF THE CITY OF NEWPORT BEACH
TENTATIVE TRACT NO. NT2016-003 ROBIN B. HAMERS, R.C.E. 31720 MAY 2017
DETAIL SHEET
ESTABLISHMENT NOTES:
OSFN., ESTABLISHED AS POINT OF INTERSECTION OF CENTERLINE OF MESA DRIVE AND SKLY
PRODUCTION OF SE'L Y LINE OF LOTS 15 & 16, R4, AT REC. DISTANCE 165.02' FROM CL RIVERSIDE
DRI VE( PER R2.
BO SFN., ESTABLISHED AS MOST S'LY COR. LOT 5, R4, BY PROPORTION PER R4.
CO SFN., ESTABLISHED AS MOST N'LY CORNER OF LOT 15, R4, BY PROPORTION PER R4.
< ESTABLISHED NE'LY LINE LOT 5, R4, BY PROPORTION, PER R4.
< ESTABLISHED NE'LY LINE LOT 6, R4, BY PROPORTION, PER R4.
OF SFN., ESTABLISHED AS CL INTERSECTION OF SANTA ANA AVENUE AND ORCHARD DRIVE HOLDING
RECORD DISTANCE OF 0.14' QFFSET TO SANTA ANA AVENUE AND 4.62' PER R5 ALONG THE CL OF
SANTA ANA AVENUE FROM 13 .
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DETAIL "A"
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SEE SHEET 3 FOR PROPOSED EASEMENT AND DEDICATION NOTE.
DETAIL "B"
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SEE SHEET 3 FOR PROPOSED EASEMENT AND DEDICATION NOTE.
DETAIL "B"
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PURPOSES DEDICATED HEREON TO
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SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF NEWPORT BEACH AND
DUBLIN 4, LLC FOR TRACT NO. 18039
THIS AGREEMENT ("Agreement") is entered into this ay of August, 2018 by
and between the CITY OF NEWPORT BEACH, a municipal corporation and charter city
of the State of California, hereinafter referred to as "CITY," and DUBLIN 4, LLC, a
California limited liability company, hereafter referred to as "SUBDIVIDER."
RECITALS
WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is
seeking to subdivide into lots and to make certain private and public improvements, and
is about to file with CITY a map of the tract of land known as Tract No. 18039 ("Tract");
WHEREAS, as a condition of the approval of and prior to the recordation of this
subdivision map for the Tract, SUBDIVIDER is required to complete construction of new
street, curb and gutter, sidewalk, driveway repair and reconstruction, and utilities
including sewer and water (collec ' ely, _, "Improvements") as shown o public
improvement plans for Tract 18039 by 6. dated ,
2018 ("Improvement Plans"), and to perform certain other improvemen s in the
subdivision, and
WHEREAS, SUBDIVIDER desires to enter into an agreement with CITY to delay
performance of certain portions of the work; to agree to perform this work as herein
provided; and to execute and deliver to CITY bonds for the faithful performance of this
Agreement, for the payment of all labor and material in connection therewith, and for the
guarantee and warranty of the work for a period of one (1) year following completion and
acceptance thereof against any defect in work or labor done, or defective materials
furnished, and subdivision monumentation, as required by Sections 66499 and 66499.3
of the California Government Code, and Section 19.36.030 Improvement Security (66499
et seq.) of the CITY's municipal code, which is adopted by ordinance of the City Council
of CITY.
NOW, THEREFORE, in consideration of the promises and agreements of the
parties as herein set forth, the parties agree as follows:
1. GENERAL IMPROVEMENTS
SUBDIVIDER hereby agrees to do, perform, and pay for all of the work for the
Improvements as shown on the Improvement Plans for said Tract as required by the
conditions of approval of the subdivision map for the Tract ("Map") which are not
completed at the time of the recordation thereof. SUBDIVIDER also agrees to pay all
engineering costs and any other deposits, fees, or conditions associated with the Tract
and with the Improvements as required by CITY ordinance or resolution and as may be
required by the City Engineer. All of the work for the Improvements ("Work") shall be
done and performed in accordance with the Improvement Plans, specifications, and
profiles which have been approved by the City Engineer and filed in the office of the City
Engineer. All of the Work shall be done at the sole cost and expense of SUBDIVIDER.
7-9
All of the Work shall be completed on or before three (3) years from the date hereof,
unless the conditions of approval of the Map require an earlier completion date. All labor
and material costs and expenses for the Work shall be paid solely by SUBDIVIDER. CITY
may withhold all occupancy permits until completion of the Improvements.
2. ARTERIAL HIGHWAY IMPROVEMENT
SUBDIVIDER agrees to complete any and all arterial highway improvements,
including perimeter sidewalks, medians, and landscaping required by the conditions of
approval of the Map, prior to release or connection of utilities for occupancy for any lot in
the Tract.
3. GUARANTEE
SUBDIVIDER shall guarantee all Work and material required to fulfill its obligations
as stated herein for a period of one (1) year following the date of the City Council's
acceptance of same.
4. IMPROVEMENT PLAN WARRANTY
SUBDIVIDER warrants the Improvement Plans, specifications, and profiles which
have been approved by the City Engineer and filed in the office of the City Engineer are
adequate to accomplish the Work as promised herein and as required by the conditions
of approval of the Map. If at any time before the City Council accepts the Work as
complete or during the one (1) year guarantee period in Section 3 hereof, the
Improvement Plans, specifications, and profiles which have been approved by the City
Engineer and filed in the office of the City Engineer prove to be inadequate in any respect,
SUBDIVIDER shall make whatever changes, at its own cost and expense, as are
necessary to accomplish the Work as promised.
5. NO WAIVER BY CITY
Inspection of the Work and/or materials for the Improvements, or approval of
Work and/or materials for the Improvements, or any statement by any officer, agent
or employee of CITY indicating the Work or any part thereof complies with the
requirements of this Agreement, or acceptance of the whole or any part of the Work
and/or materials for the Improvements, or payments therefor, or any combination of all
of these acts, shall not relieve SUBDIVIDER of its obligations under this Agreement;
nor shall CITY be stopped from bringing any action for damages arising from
SUBDIVIDER'S failure to comply with any of the terms and conditions hereof.
6. COSTS
SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of
the Work, including inspections thereof and relocation of existing utilities required
thereby.
7. SURVEYS
SUBDIVIDER shall set and establish survey monuments in accordance with
the filed Map and to the satisfaction of CITY before acceptance of any Work by the
CITY.
DUBLIN 4, LLC Page 2
7-10
8. IMPROVEMENT SECURITY
Upon executing this Agreement, SUBDIVIDER shall, pursuant to California
Government Code Section 66499, and the Newport Beach Zoning and Subdivision
Ordinance, provide as security to CITY:
A. Faithful Performance: For performance security, in the
amount of Thirty Thousand Eight Hundred Seventy Seven
Dollars and 00/100 ($30,877.00), which is one hundred
percent (100%) of the estimated cost of the work.
SUBDIVIDER shall present such additional security in the form
of:
Cash, certified check, or cashier's check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, SUBDIVIDER guarantees performance under this
Agreement and maintenance of the Work for one (1) year after its
completion and acceptance against any defective workmanship or
materials or unsatisfactory performance.
B. For Labor and Material: Security in the amount of Thirty
Thousand Eight HL
00/100 ($30,877.00),
the estimated cost of
ndred Seventy Seven Dollars and
which is one hundred percent (100%) of
the work. SUBDIVIDER shall present
such security in the form of:
Cash, certified check, or cashier's check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, SUBDIVIDER guarantees payment to the
contractor, to its subcontractors, and to persons renting equipment
or furnishing labor or materials for the Improvements or to
SUBDIVIDER.
C. For Subdivision Monumentation: Security in the amount of Two
Thousand Dollars and 00/100 ($2,000.00), which is one
hundred percent (100%) of the estimated cost of this work.
SUBDIVIDER shall present such security in the form of:
Cash, certified check, or cashier's check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, SUBDIVIDER guarantees setting of such
monuments and guarantees payment to the Engineer or Surveyor for
setting such monuments in the Tract, and as a prerequisite to the
approval of the final Map.
D. Warranty: Security in the amount of Three Thousand
Eighty Seven Dollars and 70/100 ($3,087.70), which is ten
percent of the estimated cost of the work. SUBDIVIDER shall
present such security in the form of:
DUBLIN 4, LLC Page 3
7-11
Cash, certified check, or cashier's check.
_ Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, SUBDIVIDER provides a one (1) year guarantee
period on all work and materials. Such Warranty Bond shall be
released one (1) year after acceptance of all improvements.
SUBDIVIDER may, during the term of this Agreement, substitute improvement
security provided that the substituted security is approved in advance in writing by the
City Attorney, however, any bond or other security given in satisfaction of this condition
shall remain in full force and effect until one (1) year after the Improvements are
accepted in writing by CITY.—SUBDIVIDER may be required by CITY to provide a
substitute security at any time until one (1) year after the Improvements are accepted
in writing by CITY.
9. INDEMNIFICATION. DEFENSE. HOLD HARMLESS
City and all officers, employees, and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Work or for injury to or death of any person as a result
of SUBDIVIDER's performance of the Work required hereunder; or for damage to
property from any cause arising from the performance of the Work by SUBDIVIDER, or
its subcontractors, or its workers, or anyone employed by either of them.
SUBDIVIDER shall be responsible for any liability imposed by law and for injuries
to or death of any person or damage to property resulting from defects, obstructions, or
from any cause arising from SUBDIVIDER's performance of the Work, performance of
the Work by any contractor, subcontractor, or agent of SUBDIVIDER, or a supplier
providing materials for the Work on behalf of the SUBDIVIDER.
To the fullest extent permitted by law, SUBDIVIDER shall indemnify, defend and
hold harmless City, its City Council, boards, committees and commissions, officers,
agents, volunteers, and employees (collectively, the "Indemnified Parties") from and
against any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including, without
limitation, attorneys' fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any
manner relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement by or on behalf of SUBDIVIDER, any Work performed for the Improvements
including, without limitation, defects in workmanship or materials or SUBDIVIDER's
presence or activities conducted on the Work (including the negligent and/or willful acts,
errors and/or omissions of SUBDIVIDER, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
SUBDIVIDER to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
DUBLIN 4, LLC Page 4
7-12
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all Claims regardless of
whether any insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by SUBDIVIDER.
SUBDIVIDER shall perform all Work in a manner to minimize public inconvenience
and possible hazard, to restore other work areas to their original condition and former
usefulness as soon as possible, and to protect public and private property. SUBDIVIDER
shall be liable for any private or public property damaged during the performance of the
Work by SUBDIVIDER or its agents.
In addition to the other rights of City hereunder, in the event that any Claims are
brought against the CITY as a result of SUBDIVIDER'S breach of the terms and
conditions of this Agreement, any Work performed by or on behalf of SUBDIVIDER, or as
a result of SUBDIVIDER's presence or activities conducted on the Tract, the City, as it
deems necessary and to the extent authorized by law, may retain any security under
Section 8 of this Agreement until disposition of any such Claims.
The rights and obligations set forth in this Section shall survive the termination of
this Agreement.
10. INSURANCE
Any insurance required by the City pursuant to any permit issued to City
including but not limited to, any encroachment permits, shall be obtained by
SUBDIVIDER.
The requirement for carrying the insurance coverage shall not derogate from
SUBDIVIDER'S defense, hold harmless and indemnification obligations as set forth in
Section 9 of this Agreement. CITY or its representatives shall at all times have the
right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall
pay, in prompt and timely manner, the premium on all insurance hereinabove required.
11. NONPERFORMANCE AND COSTS
If SUBDIVIDER fails to complete the Work within the time specified in this
Agreement, or any subsequent extensions, if any, or fails to maintain the Work, CITY may
proceed to complete and/or maintain the Work by contract or otherwise, and
SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not
limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon
demand. In such event, the CITY may utilize the security provided under Section 8 to
cover costs and charges incurred by CITY (including, but not limited to: engineering,
inspection, surveys, contract, overhead, etc.) for the Work.
SUBDIVIDER hereby consents to entry on the subdivision property by CITY and
its forces, including subdividers, in the event CITY proceeds to complete and/or maintain
the Work.
Once action is taken by CITY to complete or maintain the Work, in the event that
City does not elect to use the security provided by SUBDIVIDER for the Improvements or
DUBLIN 4, LLC Page 5
7-13
does elect to use such security and such security is insufficient for City to complete or
maintain the Work, SUBDIVIDER agrees to pay all costs incurred by CITY even if
SUBDIVIDER subsequently completes the Work.
12. RECORD MAP
In consideration hereof, CITY agrees that SUBDIVIDER is permitted to file and
record the final Map for the Tract.
13. NOTICES
Any notices, certificates, or other communications hereunder shall be given either
by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by
enclosing the same in a sealed envelope, postage prepaid, and depositing the same in
the United States Postal Service, to the addresses specified below. CITY and
SUBDIVIDER may designate different addresses to which subsequent notices,
certificates or other communications will be sent by notifying the other party via personal
delivery, reputable overnight courier or U.S. certified mail -return receipt requested:
TO CITY -
City of Newport Beach
Attn: Director of Public Works
100 Civic Center Drive
Newport Beach, CA 92660
14. CONSENT
TO SUBDIVIDER:
Dublin 4, LLC
Attn: Adrienne Brennan
919 Gardenia Way
Corona Del Mar, CA 92625
When CITY'S consent/approval is required under this Agreement, its consent/
approval for one transaction or event shall not be deemed to be a consent/approval to
any subsequent occurrence of the same or any other transaction or event.
15. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless
in writing and duly executed by both parties.
16. CITY APPROVALS
The City Manager of the City of Newport Beach is hereby authorized, on behalf of
the CITY, to sign all documents necessary and appropriate to carry out and implement
this Agreement and to administer the CITY's obligations, responsibilities and duties to be
performed under this Agreement.
17. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit,
describe, or construe the intent of the parties or affect the construction or interpretation
of any provision of this Agreement.
18. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
DUBLIN 4, LLC Page 6
7-14
whole, according to its fair meaning, and not strictly for or against any of the parties. If
any provision of this Agreement is held by an arbitrator or court of competent jurisdiction
to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the
remaining covenants and provisions of this Agreement. No covenant or provision shall be
deemed dependent upon any other unless so expressly provided here. As used in this
Agreement, the masculine or neuter gender and singular or plural number shall be
deemed to include the other whenever the context so indicates or requires. Nothing
contained herein shall be construed so as to require the commission of any act contrary
to law, and wherever there is any conflict between any provision contained herein and
any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
19. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
20. IMMIGRATION
SUBDIVIDER shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions
of the United States Code regarding employment verification.
21. LEGAL SERVICES SUBCONTRACTING PROHIBITED
SUBDIVIDER and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. SUBDIVIDER understands that
pursuant to Newport Beach City Charter Section 602, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by SUBDIVIDER.
22. NO ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each
party shall bear its own attorney's fees, such that the prevailing party shall not be entitled
to recover its attorney's fees from the nonprevailing party.
23. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement shall so survive.
24. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of California.
DUBLIN 4, LLC Page 7
7-15
25. SIGNATORIES
Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the
event that such authority or power is not, in fact, held by the signatory or is withdrawn.
26. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiations, and that each has had
the opportunity to consult with legal counsel prior to executing this Agreement. The
parties also acknowledge and agree that no representations, inducements, promises,
agreements or warranties, oral or otherwise, have been made by that party or anyone
acting on that party's behalf, which are not embodied in this Agreement, and that that
party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement contains the entire agreement between the parties
respecting the subject matter of this Agreement and supersedes all prior understandings
and agreements whether oral or in writing between the parties respecting the subject
matter hereof.
[SIGNATURES ON NEXT PAGE]
DUBLIN 4, LLC Page 8
7-16
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: $ I-/ 11
By:
Aaron C. T-la-r-pj"""" S •� �g
City Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Kiff
City Manager
ATTEST: SUBDIVIDER: DUBLIN 4, LLC, a
Date: California limitedli bility company
Date: 16 +
Leilani I. Brown
City Clerk
DUBLIN 4, LLC
+ Adrienne Bren n
Sole Member
Page 9
7-17
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of 0 rL4a4re }ss.
On A-ucws7 20 ;; before me, ,/%'i . 'N DRseli
Notary Public, personally appeared g�,LZ Nn,f ?9AA F -%F-9 who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
__1M �-
Signature
:. • M. KENDRICK
COMM ... 2238024 m
NOTARY PUBLIC -CALIFORNIA —I
m ORANGE COUNTY W
My Term Exp. April 14, 2022 6
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
(seal)
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
DUBLIN 4, LLC Page 10
7-18
CITY OF NEWPORT BEACH
BOND NO. 4410580
FAITHFUL PERFORMANCE BOND
The premium charged on this bond is $ 772.00
WHEREAS, the City of Newport Beach, State of California, and Dublin 4, LLC, a
California limited liability company (hereinafter, "Principal"), have entered into an
agreement whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, dated 27th of August, 2018, and identified as
Subdivision Agreement By And Between The City Of Newport Beach And Dublin 4, LLC
For Tract No. 18039 (hereinafter, "Agreement"), on file with the office of the City Clerk of
the City of Newport Beach, is incorporated herein by this reference; and
Whereas, Principal is required under the terms of the Agreement to furnish a bond
for the faithful performance of the Agreement, and for maintenance of work for one (1)
year after its completion and acceptance against any defective workmanship or materials
or unsatisfactory performance.
NOW, THEREFORE, We, the Principal, and SureTec Insurance Company, a
Texas corporation duly authorized to transact business under the laws of the State of
California as surety (hereinafter, "Surety"), are held and firmly bound unto the City of
Newport Beach, in the sum of Thirty Thousand Eight Hundred Seventy Seven and 00/100
Dollars ($30,877.00), lawful money of the United States of America, said sum being equal
to 100% of the estimated cost of work set forth in the Agreement, to be paid to the City of
Newport Beach, its successors, and assigns, for which payment well and truly to be made,
we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly
and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this performance bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this bond.
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7-19
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the work to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement
or to the work or to the specifications.
This Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the
improvements by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 21st day of September ,20 18 .
(Principal)
DUBLIN 4, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY
919 Gardenia Way
(Surety)
SURETEC INSURANCE COMPANY, A
TEXAS CORPORATION
1330 Post Oak Boulevard, Suite 1100
Houston, TX 3309
Sign:
Print:hn T. Page,
Title: Attorney -In -Fact
AND
AND
Sign:
Sign:
Print:
Print:
Title:
Title:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 17• Z S - I S
By:
Aa C. Harp
City Attorney
SEE ATTACHED NOTARY ACKNOWLEDGMENT
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
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7-20
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Q0V ss.
On ^�� �" ?5 20 before me, f.�rVl Z��
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
JENNIFER WALSH
WITNESS my hand and official seal. :{ NotaryPublic—California
Orange County
[ t r Commission # 2208126
'�.. My Comm. Expires Aug 27, 2021
Signature (sea)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
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7-21
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity f that document.
State of California
County of Sacramento
On,�/�efore me,
Susan Fournier, Notary Public
(insert name and title of the officer)
personally appeared John T. Page
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
r SUSAN FOURNIER
WITNESS my hand and official seal. 16 Notary Public • California
z : d Sacramento County
Commission* 2167974
f My Comm. Expires Nov 11, 2020
Signature — — (Seal)
7-22
POA#: 510132
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
John T. Page, Ryan Tash, Stephanie Raquel Arreola, Susan Fournier
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for, providing the bond penalty does not exceed
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until 12/31/2019 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with fall power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given fall power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and alk bonds, recogrizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Rewolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 9th day of May , A.D. 2017 .
SURETEC E t ANY
SURAN�'P
C,
w y` John Knox 'resi ut
State of Texas ss:
County of Harris -'
On this 9th day of May A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that
he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
XENIA CHAVEZ
�`*p1Y P{�B �4 •
' �= Notary Public, State of Texas
f 'f ° Comm. Expires 09-10-2020
Notary ID 129117659�Jda ver, Notary Public
ommission expires September 10, 2020
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this dW of A.D.
. Brent Befty, Assistant See'retaxy
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
1-23
CITY OF NEWPORT BEACH
BOND NO. 4410580
PREMIUM INCLUDED IN PERFORMANCE BOND
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, and Dublin 4, LLC, a
California limited liability company (hereinafter, "Principal"), have entered into an
agreement whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, dated 27th of August, 2018, and identified as
Subdivision Agreement By And Between The City Of Newport Beach And Dublin 4, LLC
For Tract No. 18039 (hereinafter, "Agreement"), on file with the office of the City Clerk of
the City of Newport Beach, is incorporated herein by this reference; and
WHEREAS, the terms of the Agreement requires Principal, before entering upon
the performance of the work, to furnish a bond providing that if Principal or any of
Principal's subcontractors shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the work to be done as set forth in the
Agreement, or for any work or labor done thereon of any kind, the Surety on this bond will
pay the same to the extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and SureTec Insurance
Company, a Texas corporation duly authorized to transact business under the laws of the
State of California as surety (hereinafter, "Surety"), are held and firmly bound unto the
City of Newport Beach, in the sum of Thirty Thousand Eight Hundred Seventy Seven
Dollars and 00/100 ($30,877.00), lawful money of the United States of America, said sum
being equal to 100% of the estimated cost of the work under the terms of the Agreement;
for which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this bond, and also, in case suit is brought to enforce the
obligations of this bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this bond, as
Click here to enter text. Page A-1
7-24
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the work to
be performed thereunder shall in any wise affect its obligations on this bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the work or to the specifications.
In the event that any principal above named executed this bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 21st day of September , 20 is
(Principal)
(Surety)
DUBLIN 4, LLC, A CALIFORNIA
SURETEC INSURANCE COMPANY, A
LIMITED LIABILITY COMPANY
TEXAS CORPORATION
919 Gardenia Way
1330 Post Oak Boulevard, Suite 1100
Cor4aDu). Mar CA 92
Houston, TX 77 -
S..
Sign: _ -
Print: S
Print: n T. Page,
Title:
Title: Attorney -In -Fact
AND
AND
Sign:
Sign:
Print:
Print: _
Title:
Title:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 9. 2 8.18
By: -a V
AJiAn C. Harp
ttorney
SEE ATTACHED NOTARY ACKNOWLEDGMENT
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
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7-25
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ()In\ ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my h�lid and official seal.
I t'
l
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
JENNIFER WALSH
i NotaryPublic- California
T Orange County x
Commission # 2208126
My Comm. Expires Aug 27, 2021
(seal)
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Click here to enter text. Page A-3
7-26
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sacramento
On -fare me,
Susan Fournier, Notary Public
(insert name and title of the officer)
personally appeared John T. Page
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL"rY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
SUSAN FOURNIER
Notary Public • California l
=ae Sacramento County -
Commission #E 2167974
My Comm. Expires Noy 11, 202
7-27
POA #: 510132
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
gnaw All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
John T. Page, Ryan Tash, Stephanie Raquel Arreola, Susan Fournier
its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for, providing the bond penalty does not exceed
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until 1 213 1/2 01 9 and is made under and.by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attomey or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be. valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20" of April,
1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 9th day of May , A.D. 2017 .
�Nc SURETEC N E ANY
vUi �J X 9 0 By:
to { John Knox rest nt
State of Texas ss: ��.LM1 d r Y
County of Harris
On this 9th day of May A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that
he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
1Y Pie : XENIA CHAVEZ
�r°°,•--' Notary Public, State of Texas
Comm. Expires 09-10-2020
Notary ID 1291176590 is aver, Notary Public
y commission expires September 10, 2020
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect, y
Given under my hand and the seal of said Company at Houston, Texas this dW of DAG', A.D.
Y, Assistant Secretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
1-2t1
CITY OF NEWPORT BEACH
BOND NO. 4410580
WARRANTY BOND
The premium charged on this bond is $ PREMIUM INCLUQED IN PERFORMANCE BOND
WHEREAS, the City of Newport Beach, State of California, and Dublin 4, LLC, a
California limited liability company (hereinafter, "Principal"), have entered into an
agreement whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, dated 27th of August, 2018, and identified as
Subdivision Agreement By And Between The City Of Newport Beach And Dublin 4, LLC
For Tract No. 18039 (hereinafter, "Agreement"), on file with the office of the City Clerk of
the City of Newport Beach, is incorporated herein by this reference; and
Whereas, Principal is required under the terms of the Agreement to provide a bond
guaranteeing all work and material is free from defects for one (1) year from and after the
date of acceptance of all improvements by the City of Newport Beach.
NOW, THEREFORE, We, the Principal, and SureTec Insurance Company, a
Texas corporation duly authorized to transact business under the laws of the State of
California as surety (hereinafter, "Surety"), are held and firmly bound unto the City of
Newport Beach, in the sum of Three Thousand Eighty Seven and 70/100 Dollars
($3,087.70), lawful money of the United States of America, said sum being equal to 10%
of the estimated cost of work set forth in the Agreement, to be paid to the City of Newport
Beach, its successors, and assigns, for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Principal, or Principal's
heirs, executors, administrators, successors, or assigns, within one year after the date of
acceptance of improvements by the City of Newport Beach, fails to repair, replace, or
make good any defects in materials or workmanship as to any work performed under the
Agreement, including without limitation repaired or replaced work and any damage to
other work caused by or resulting from Principal's work, as promptly as practicable after
written notice thereof and at Principal's sole expense, then Surety will faithfully perform
the same, in an amount not exceeding the sum specified in this bond; otherwise this
obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this performance bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this bond.
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7-29
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the work to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement
or to the work or to the specifications.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 21st day of September 20 18
(Principal)
DUBLIN 4, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY
919 Gardenia Way �]
Cerana Dail Mar. CA 92625(/
Print:
Title:
AND
(Surety)
SURETEC INSURANCE COMPANY, A
TEXAS CORPORATION
1330 Post Oak Boulevard, Suite 1100
Houston, TX -0 09
Sign:
Print: John T. Pape,
Title: Attorney -In -Fact
AND
Sign:
Sign:
Print:
Print:
Title:
Title:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: oR • 2,9 • I
By: hr
A n C. Harp
Ci Attorney
SEE ATTACHED NOTARY ACKNOWLEDGMENT
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Click here to enter text. Page A-11
7-30
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
Countyof G )Ss.
On
- 4qrlwy,, 20 ! before me, l��lVl�t t�lr-►l�yT
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS m h n,el fficial seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
JENNIFER WALSH
Notary Public — California
r Orange County
Commission # 2208126
My Comm, Expires Aug 27, 2021
(seal)
State of California
County of )SS.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Click here to enter text. Page A-12
7-31
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sacramento
On S=C�bcfore me,
Susan Fournier, Notary Public
(insert name and title of the officer)
personally appeared John T. Page
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
SUSAN FtRNIER
Notary Public - CalNornis
- r Sacramento County 7Z -
Commission
Commission # 2187974 a
Uy Comm. Ex ir9s Nor 11.2020
7-32
POA#: 510132
SureTee Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
John T. Page, Ryan Tash, Stephanie Raquel Arreola, Susan Fournier
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for, providing the bond penalty does not exceed
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until 12/31/2019 and is made under and.by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by farsirailcand any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 200 of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this stn day of May , A.D. 2017 .
SURETEC F t ' ANY
All By:
ui John Knox , 'resi °nt
9
State of Texas ss:
County of Harris
On this 9th day of May A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that
he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
<ottI
Y P&4 XENIA CHAVEZ
Notary Public, State of Texas
Comm. Expires 09-10-2020 ��'
Notary ID 129117659 is avez, No Public
y commission expires September 10, 2020
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this q of A.D.
nt Betty; Assistant Se&etary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
/_1113
CITY OF NEWPORT BEACH
BOND NO. 4415041
MONUMENT BOND
The premium charged on this bond is $ 250.00
WHEREAS, the City of Newport Beach, State of California, and Dublin 4, LLC, a
California limited liability company (hereinafter, "Principal"), have entered into an
agreement whereby Principal agrees to install and complete certain designated public
improvements, which said agreement, dated 27th of August, 2018, and identified as
Subdivision Agreement By And Between The City Of Newport Beach And Dublin 4, LLC
For Tract No. 18039 (hereinafter, "Agreement"), on file with the office of the City Clerk of
the City of Newport Beach, is incorporated herein by this reference; and
Whereas, Principal is required under the terms of the Agreement to provide a bond
guaranteeing the setting of monuments and payment to the engineer or surveyor for
setting such monuments, and as a prerequisite to the approval of the final map; and
NOW, THEREFORE, We, the Principal, and SureTec Insurance Company, a
Texas corporation duly authorized to transact business under the laws of the State of
California as surety (hereinafter, "Surety"), are held and firmly bound unto the City of
Newport Beach, in the sum of Two Thousand and 00/100 Dollars ($2,000.00), lawful
money of the United States of America, said sum being equal to 100% of the estimated
cost of monument work set forth in the Agreement, to be paid to the City of Newport
Beach, its successors, and assigns, for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns fails to set the
monuments as required by the Agreement, or fails to pay the engineer or surveyor for
monument work, then Surety will faithfully perform the same, in an amount not exceeding
the sum specified in this bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this performance bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the work to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive
Click here to enter text. Page A-7
7-34
notice of any such change, extension of time, alterations or additions of the Agreement
or to the work or to the specifications.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 21st day of September 20 18 .
(Principal)
DUBLIN 4, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY
919 Gardenia Way
�V L7
Sign:
Print:
Title:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 04 . z,9 - I g
By: PLC
Aa n C. Harp
Cif At
(Surety)
SURETEC INSURANCE COMPANY, A
TEXAS CORPORATION
1330 Post Oak Boulevard, Suite 1100
Houston, TX 77056 0,111
_
Sign:
Print: Jon T. Page
Title: Attorney -In -Fact
AND
Sign:
Print:
Title:
SEE ATTACHED NOTARY ACKNOWLEDGEMENT
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Click here to enter text. Page A-8
7-35
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Yy:' ss. _
On? S17-: r s 20 A before me,
Notary Public, personally appeared a e L
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
JENNIFER WALSH
WITNESS my han and official seal. V�
NotaryPublic-California
,1 Orange County
Commission # 2208126
My Comm, ExpiresAuy 27, 2021
Signature j (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of )SS.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Click here to eater text. Page A-9
7-36
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sacramento
Onbefore me, Susan Fournier, Notary Public
(insert name and title of the officer)
personally appeared John T. Page
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
SUSAN FOURNIER
Notary Public - California
a w► Sacramento County
x
Commission
2167974
My Comm. Expires Nov 11, 202
7-37
POA,I- 510132
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
John T. Page, Ryan Tash, Stephanie Raquel Arreola, Susan Fournier
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for, providing the bond penalty does not exceed
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until 12MV2019 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20rh of April,
1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this stn day of May , A.D. 2017 .
"�"yRIlhNC SURETEC N ,F ANY
S
John Knox , resi ri!
State of Texas ss: 7r ;1y �',.' Y
County of Harris «�
On this 9th day of May A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that
he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
�"RyP . XENIA CHAVEZ
Notary Public, State of Texas
s"+'sa^+ �� Comm. Expires 09-10-2020
7tF . .
•.�+OF ," Notary ID 129117659 X to avec, Notary Public
y commission expires September 10, 2020
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this do of �e�_jr' 1���_, A.D.
y, Assistant Secretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
1-38
RESOLUTION NO. 2036
A RESOLUTION OF THE PLANNING OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING MAJOR SITE
DEVELOPMENT REVIEW NO. SD2016-002 AND TENTATIVE
TRACT MAP NO. NT2016-003 FOR A SEVEN -UNIT
RESIDENTIAL CONDOMINIUM DEVELOPMENT LOCATED AT
20452 SANTA ANA AVENUE (PA2016-069)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS;
SECTION 1. STATEMENT OF FACTS.
An application was filed by Adrienne Brandes, with respect to property located at 20452
Santa Ana Avenue, and legally described as the Southwesterly 82 feet of Lot 6 of Tract
No. 456, in the City of Newport Beach, County of Orange, State of California, as per Map
recorded in Book 17 Page(s) 9 of Miscellaneous Maps, in the Office of the County
Recorder of said County, except the Southeasterly 150 feet thereof, requesting approval
of a major site development review and tentative tract map.
2. The applicant proposes the construction of seven residential condominium units. As
proposed, each unit will be three stories and will include a two -car garage. Four guest
parking spaces, including one accessible parking space, will be constructed on-site.
3. The subject property is located within Multi -Unit Residential Detached (RMD) Zoning
District and the General Plan Land Use Element category is Multiple -Unit Residential
(RM).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on November 17, 2016, in the Council Chambers located at
100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the
hearing was given in accordance with the Newport Beach Municipal Code (NBMC).
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15332 under Class 32 (In -Fill Development) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. In this case, the project is consistent with the General Plan Land Use Element category
of RM as well as the RMD Zoning District. Residential condominiums are an allowed use
in the land use category designation as well as in RMD. The project site area is less than
five acres and generally surrounded by residential development and a golf course. The
7-39
Planning Commission Resolution No. 2036
Paae2of13
lot is substantially developed and is not within environmentally sensitive areas. The
proposed project was reviewed by the Public Works Department and concerns with traffic
were not found. Further, a traffic study was not required under the City's Traffic Phasing
Ordinance (TPO). No significant effects are anticipated for the lot with regard to noise or
air quality as the proposed project will be replacing an existing multi -family development.
A preliminary water quality management plan (WQMP) was reviewed and approved to
address potential wafter quality issues. The project was also reviewed by the Public
Works and Fire Departments and it was determined both lots maintain adequate access
to both utilities and public services.
SECTION 3. REQUIRED FINDINGS.
Site Development Review
In accordance with NBMC Section 20.52,080(F) (Findings and Decision), the following
findings and facts in support of such findings are set forth:
Finding:
A. The proposed development is allowed within the subject zoning district.
Fact in Support of Finding:
The subject property is located within the RMD Zoning District, which principally
provides for areas appropriate for multi -unit residential developments exclusively
containing detached dwelling units. The proposed multi -unit residential development is
replacing and improving an existing multi -unit residential development. Although the
proposed development does not contain detached dwelling units, the project is
consistent with the General Plan and any applicable development standards within the
Zoning Code and is allowed in the RMD Zoning District.
Finding:
B. In compliance with all of the applicable criteria identified in NBMC Subsection
[20.52. 0 8 0] (C) (2) (c) :
a. Compliance with this Section, the General Plan, the Zoning Code, any
applicable specific plan, and other applicable criteria and policies related to the
use or structure;
b. The efficient arrangement of structures on the site and the harmonious
relationship of the structures to one another and to other adjacent development;
and whether the relationship is based on standards of good design;
C. The compatibility in terms of bulk, scale, and aesthetic treatment of structures
on the site and adjacent developments and public areas;
d. The adequacy, efficiency, and safety of pedestrian and vehicular access,
including drive aisles, driveways, and parking and loading spaces;
05-26-2016
7-40
Planning Commission Resolution No. 2036
Paqe 3 of 13
e. The adequacy and efficiency of landscaping and open space areas and the use
of water efficient plant and irrigation materials; and
f. The protection of significant views from public rights) -of -way and compliance
with NBMC Section 20.30.100 (Public View Protections).
Facts in Support of Finding:
1. The Land Use Element of the General Plan designates the subject property as RM,
which is intended primarily for multi -family residential development containing attached
or detached dwelling units. The proposed multi -unit residential development is
consistent with the General Plan designation.
2. The proposed development complies with the development standards of RMD Zoning
District. The proposed buildings are approximately 33 feet tall, which complies with the
maximum height limitation. The buildings also meet all required setbacks and common
and private open space requirements. Seven, two -car garages and four uncovered
guest parking spaces are proposed for the development, which meets the Zoning
Code required parking,
3, The proposed development will incorporate consistent architectural design such that
all structures on the property are unified. Architectural treatment will harmonize with
the surrounding neighborhood.
4. The proposed site layout maintains the existing vehicular access from Santa Ana
Avenue. The site layout and guest parking area allow vehicles sufficient space to turn
around on-site. Pedestrian access to the site is available along Santa Ana Avenue
along an existing public sidewalk.
5. The Public Works Department has reviewed and approved the site plan, proposed
improvements, parking configuration, and access driveway subject to the conditions of
approval.
6. The 20 -foot front setback and site layout provide for additional landscaping
opportunities immediately adjacent to the street. As conditioned, all landscaping will
comply with NBMC Chapter 14.17 (Water -Efficient Landscaping).
7. The subject property is not located at or near a public view point or corridor as
identified in the General Plan Figure NR3 (Coastal Views); and therefore, is in
compliance with NBMC Section 20.30.100 (Public View Protections).
Finding:
C. Not detrimental to the harmonious and orderly growth of the City, or endanger,
jeopardize, or otherwise constitute a hazard to the public convenience, health, interest,
safety, or general welfare of persons residing or working in the neighborhood of the
proposed development.
05-26-2016
7-41
Planning Commission Resolution No. 2036
Page 4 of 13
Facts in Support of Finding:
1. A similar multiunit residential development has existed at this location since 1975,
according to County records. The proposed seven -unit residential condominium
development will replace and improve the existing development. The amount of traffic
to and from the site will not significantly change.
2. The proposed development will comply with all Building, Public Works, and Fire
Codes. The project will also comply with all City ordinances and conditions of
approval.
3. The project has been conditioned to ensure that potential conflicts with surrounding
land uses are minimized to the extent possible to maintain a healthy environment.
Tentative Tract Map
In accordance with NBMC Section 19.12.070(A) (Required Findings for Action on Tentative
Maps), the following findings and facts in support of a tentative tract map are set forth:
Finding:
A. That the proposed map and the design or improvements of the subdivision are
consistent with the General Plan and any applicable specific plan, and with the
applicable provisions of the Subdivision Map Act and the City Subdivision Code.
Facts in Support of Finding:
1. The Land Use Element of the General Plan designates the site as Multiple Residential
(RM), which is intended to provide for areas appropriate for multiple -unit residential
developments containing attached or detached dwelling units. This designation allows
43 dwelling units per acre. The proposed project is well within the maximum allowable
density of 11 units (43 x 0.26).
2. The proposed project is consistent with General Plan Policy LU 5.1.9, which requires
multi -family dwellings to be designed to convey a high quality architectural character in
regard to building elevations, ground floor treatment, roof design, parking, open space,
and amenities. The ground treatment principles are not applicable because the
dwelling unit entrances face the interior private streets. Parking is provided as
attached garages integrated with the residential structures, while the guest spaces on
the site are uncovered. Consistency with the remaining principles of LU 5.1.9 is
ensured through compliance with development standards.
3. The proposed project is consistent with General Plan Policy LU 6.6.2, which promotes
the development of a mix of residential types and building scales as the proposed
project includes a detached product type that will contribute to the variety of housing
types in Santa Ana Heights and the surrounding areas.
05-26-2616
7-42
Planning Commission Resolution No. 2036
Page 5 of 13
4. The subject property is not located within a specific plan area.
5. The Public Works Department has reviewed the proposed tentative tract map and
found it consistent with the Newport Beach Subdivision Code (Title 19) and applicable
requirements of the Subdivision Map Act.
6. The applicant will provide an in -lieu park dedication fee pursuant to Chapter 19.52 (Park
Dedications and Fees), as required for park or recreational purposes in conjunction with
the approval of a residential subdivision. The existing multi -unit residential development
has three units and the proposed project would increase the number of dwelling units to
seven. The in -lieu park fee would be required for the four additional dwelling units.
Credit for the existing residential units is provided because the impact to park services
is related to the increase in residents associated with the new units.
7. Conditions of approval have been included to ensure compliance with Title 19.
Finding:
B. That the site is physically suitable for the type and density of development.
Fact -in Support of Finding:
The 11,490 -square -foot site is regular in shape, has a slope of less than 20 percent,
and is not within a zone deemed to be subject to seismically induced liquefaction
potential. The site is large enough to accommodate the density proposed in compliance
with all applicable Zoning requirements. The site is suitable for the type and density of
development proposed in that the infrastructure serving the site and surrounding area
has been designed and developed to accommodate the proposed project. As required
by Condition of Approval No. 23, a water and sewer demand study will be prepared to
ensure that the water and sewer mains are adequate, and upgrades will be required if
the infrastructure is not adequate.
Finding:
C. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage nor substantially and avoidably injure fish or
wildlife or their habitat. However, notwithstanding the foregoing, the decision-making
body may nevertheless approve such a subdivision if an environmental impact report
was prepared for the project and a finding was made pursuant to Section 21081 of the
California Environmental Quality Act that specific economic, social, or other
considerations make infeasible the mitigation measures or project alternatives
identified in the environmental impact report.
05-26-2016
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Planning Commission Resolution No. 2036
Paqe 6 of 13
Fact in Support of Finding:
The proposed project is not located near fish or wildlife habitat and the design of the
subdivision will not cause substantial damage to habitat. See Section 2 (California
Environmental Quality Act Determination) above.
Finding:
D. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Facts in Support of Finding
1. The proposed Tentative Tract Map is for condominium purposes. All construction for
the project will comply with all Building, Public Works, and Fire Codes, which are in
place to prevent serious public health problems. Public improvements will be required
of the developer per NBMC Section 19.28.010 (General Improvement Requirements)
and Section 66411 (Local agencies to regulate and control design of subdivisions) of
the Subdivision Map Act. Furthermore, the proposed project conforms to all applicable
City ordinances.
2. No evidence is known to exist that would indicate that the planned subdivision pattern will
generate any serious public health problems.
Finding:
E. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision. In this connection, the decision-making body may
approve a map if it finds that alternate easements, for access or for use, will be
provided and that these easements will be substantially equivalent to ones previously
acquired by the public. This finding shall apply only to easements of record or to
easements established by judgment of a court of competent jurisdiction and no
authority is hereby granted to the City Council to determine that the public at large has
acquired easements for access through or use of property within a subdivision.
Facts in Support of Finding:
1. The design of the development does not conflict with any easements acquired by the
public at large for access through or use of property within the proposed development
as there are no public easements that are located on the property. Sufficient site
access is provided from the abutting public right-of-way (Santa Ana Avenue) with the
proposed tract map.
2. Public improvements, including removal and replacement of damaged concrete curb,
gutter, and sidewalk along Placentia Avenue will be required of the applicant pursuant
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Planning Commission Resolution No. 2036
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to the Municipal Code and the Subdivision Map Act. Each residential unit will be
required to provide separate water service/meter and sewer lateral and cleanout.
Finding:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act,
if the land is subject to a contract entered into pursuant to the California Land
Conservation Act of 9965 (Williamson Act), the resulting parcels following a
subdivision of the land would not be too small to sustain their agricultural use or the
subdivision will result in residential development incidental to the commercial
agricultural use of the land.
Fact in Support of Finding_
The property is not subject to the Williamson Act. The subject property is not
designated as an agricultural preserve and is less than 100 acres.
Finding:
G. That, in the case of a `land project" as defined in Section 11000.5 of the California
Business and Professions Code: (a) there is an adopted specific plan for the area to
be included within the land project; and (b) the decision-making body finds that the
proposed land project is consistent with the specific plan for the area.
Fact in Support of Finding:
California Business and Professions Code Section 11000.5 was repealed by the
Legislature in 2006 via Assembly Bill 2711. However, the proposed subdivision is not
a "land project," as defined in prior California Business and Professions Code Section
11000.5 because it does not consist of 50 or more parcels.
Finding:
H. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map
Act.
Facts in Support of Finding:
1. The proposed Tentative Tract Map includes attached dwelling units with open space,
private streets, and walkways further separating the units. The proposed subdivision
design allows for solar access and future passive or natural heating and cooling
opportunities. The proposed building height complies with the maximum limit of 33
feet, which is compatible with the existing and allowed heights of other structures in
the area. All of the units are aligned east -west with sufficient setbacks to provide
southern exposure.
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2. The proposed improvements are subject to Title 24 of the California Building Code that
requires new construction to meet minimum heating and cooling efficiency standards
based on location and climate. The Newport Beach Building Division enforces Title 24
compliance through the plan check and inspection process.
Finding:
1. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City's share of the
regional housing need and that it balances the housing needs of the region against the
public service needs of the City's residents and available fiscal and environmental
resources.
Fact in Support of Finding:
The maximum residential density allowed for the site will remain unchanged with
project approval. The proposed 7 -unit project is consistent with the RM General Plan
land use designation which allows a maximum of 11 residential units on the property.
The minor increase in units will improve the City's ability to meet its regional housing
goals.
Finding:
J. That the discharge of waste from the proposed subdivision into the existing sewer
system will not result in a violation of existing requirements prescribed by the Regional
Water Quality Control Board.
Facts in Support of Finding:
1. Wastewater discharge from the project into the existing sewer system has been
designed to comply with the Regional Water Quality Control Board (RWQCB)
requirements.
2. A Preliminary Water Quality Management Plan (WQMP) has been prepared and
approved for the proposed project.
3. Compliance with the Santa Ana River Basin Water Quality Control Program involves
the preparation and implementation of a Stormwater Pollution Prevention Plan
(SWPPP) for construction -related activities, which will specify the Best Management
Practices (BMP's) that the project will be required to implement during construction
activities to ensure that all potential pollutants of concern (including sediment) are
prevented, minimized, and/or otherwise appropriately treated prior to being discharged
from the subject property.
4. The conditions of approval include the requirement for a sewer demand study to
determine if the existing sewer main on Santa Ana Avenue will be able to handle the
sewage flows from the proposed development. Sewer connections have been
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Planning Commission Resolution No. 2036
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conditioned to be installed per City Standards, the applicable provisions of NBMC
Chapter 14.24 (Sewer Connection, Permits), and the latest revision of the Uniform
Plumbing Code.
Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public
access and recreation policies of Chapter Three of the Coastal Act.
Fact in Support of Finding:
The subject property is not located within the Coastal Zone.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Major Site
Development Review No. SD2016-002 and Tentative Tract Map No. NT2016-003,
subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated
by reference.
2. The approval of Major Site Development Review No. SD2016-002 shall become final
and effective 14 days following the date this Resolution was adopted, and approval of
Tentative Tract Map No. NT2016-003 shall become final and effective 10 days
following the date this Resolution was adopted, unless within such time an appeal is
filed with the City Clerk in accordance with the provisions of NBMC Title 20 and/or
NBMC Title 19.
PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF NOVEMBER, 2016.
AYES: Dunlap, Hillgren, Lawler, Koetting, Kramer and Weigand
NOES: None
ABSTAIN: None
ABSENT:
BY:
k
BY:
K ry ra r
BY: 1�
Pet r Zak,
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Planning Commission Resolution No. 2036
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EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division
I. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
5. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Site
Development Review file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include
architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The
plans shall accurately depict the elements approved by this Site Development Review
and shall highlight the approved elements such that they are readily discernible from
other elements of the plans.
6. Prior to the issuance of building permits, the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall
incorporate drought tolerant plantings and water efficient irrigation practices, and the
plans shall be approved by the Planning Division. Compliance with Newport Beach
Municipal Code Chapter 14.17 (Water -Efficient Landscaping) shall be appropriately
demonstrated.
7. Prior to the issuance of building permits, the fair share traffic contribution in effect at
the time shall be paid in accordance with the Municipal Code.
8. Prior to the recordation of the Final Tract Map, park dedication fees shall be paid
consistent with the fee amount in effect at the time of payment as established by the
City of Newport Beach Municipal Code.
9. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy
and growing condition and shall receive regular pruning, fertilizing, mowing and
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Planning Commission Resolution No. 2036
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trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation
systems shall be kept operable, including adjustments, replacements, repairs, and
cleaning as part of regular maintenance.
10. Building owners and tenants shall keep the building exteriors and facades clean and in
good repair.
11. The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, if in the
opinion of the Director of Community Development, the illumination creates an
unacceptable negative impact on surrounding land uses or environmental resources.
The Director may order the dimming of light sources or other remediation upon finding
that the site is excessively illuminated.
12. Prior to the issuance of building permits, the applicant shall prepare photometric study
in conjunction with a final lighting plan for approval by the Planning Division. The
survey shall show that lighting values are "1" or less at all property lines.
13. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
14. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise -generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through
Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction
activities are not allowed on Sundays or Holidays.
15. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved
in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
16. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Santa Ana Avenue Cottages including, but not
limited to, Major Site Development Review No. SD2016-002 and Tentative Tract Map
No. NT2016-003 (PA2016-069).This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and/or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
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Planning Commission Resolution No. 2036
Page 12 of 13
in this condition. The applicant shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
17. Prior to submittal for building permits, the applicant shall submit revised elevations
reflecting smooth stucco and enhanced architectural features for review and approval of
the Planning Division. If the Planning Division determines the revisions do not meet the
intent of the Planning Commission's action, the design shall be submitted to the Planning
Commission for review.
,
Public Works Department
18. A Tract Map shall be recorded for this development. The Map shall be prepared on the
California coordinate system (NAD88). Prior to recordation of the Map, the
surveyorlengineer preparing the Map shall submit to the County Surveyor and the City of
Newport Beach a digital -graphic file of said map in a manner described in Sections 7-9-
330 and 7-9-337 of the Orange County Subdivision Code and Orange County
Subdivision Manual, Subarticle 18. The Map submitted to the City of Newport Beach
shall comply with the City's CADD Standards. Scanned images will not be accepted.
19. Prior to recordation of the Tract Map, the surveyor/engineer preparing the map shall tie
the boundary of the map into the Horizontal Control System established by the County
Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments
(one -inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved
by the Subdivision Engineer. Monuments shall be protected in place if installed prior to
completion of construction project.
20. Prior to the recordation of the Final Tract Map, a Subdivision Agreement shall be
obtained and approved by City Council.
21. Prior to Final Tract Map approval, the applicant shall provide a Faithful Performance
Bond and a Labor and Materials Bond, each for 100 percent of the estimated public
improvements. An engineer's cost estimate shall be prepared by a registered civil
engineer, and approved by the Public Works Director.
22. An encroachment permit shall be required for all work activities within the public right-
of-way. An encroachment agreement shall be required for any private improvements
installed within the public right-of-way.
23. The existing concrete curb, gutter, and sidewalk along the Santa Ana Avenue frontage
shall be removed and replaced per City Standards.
24. Sewer and water demand studies shall be prepared and submitted to the applicable
utility providers. Approvals of said studies by the utility provider shall be provided to
the City prior to recordation of the Final Tract Map.
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Planning Commission Resolution No. 2036
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25. The on-site sewer system shall be privately owned and maintained, unless otherwise
approved by the utility provider.
26. Each unit shall be served by its own individual water service/meter and sewer lateral
and cleanout, unless otherwise approved by the utility provider.
27. All on-site drainage shall comply with the latest City water quality requirements.
28. All improvements shall comply with the City's sight distance requirement per City
Standard 110-L.
29. A two -foot wide pedestrian easement shall be granted to the City along the back of the
proposed driveway approach to provide a clear four -foot wide ADA path along the
sidewalk.
30. The parking layout and drive aisles shall comply with City Standards STD -805 -L-A and
STD -805 -L -B. Dead end drive aisles shall provide a dedicated turnaround space and a
five-foot minimum clear paved hammerhead/drive aisle extension. The drive aisle shall
be a minimum of 26 feet wide.
31. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right-of-way could
be required at the discretion of the Public Works Inspector.
Fire Department
32. Adequate emergency access shall be required pursuant to California Fire Code
Section 503.1.
33. Pursuant to California Fire Code Section 507.1, an approved water supply capable of
supplying the required fire flow for fire protection shall be provided to the premises
upon which the buildings are to be constructed.
34. An automatic fire sprinkler system shall be installed in compliance with California Fire
Code Sections 903.2.8 and 903.2.18.
Building Division
35. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City -
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
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RESOLUTION NO. 2017-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, UPHOLDING THE PLANNING
COMMISSION'S APPROVAL OF MAJOR SITE DEVELOPMENT
REVIEW NO. SD2016-002 FOR A SEVEN -UNIT RESIDENTIAL
CONDOMINIUM PROJECT LOCATED AT 20452 SANTA ANA
AVENUE (PA2016-069)
WHEREAS, an application was filed by Adrienne Brandes, with respect to property located
at 20452 Santa Ana Avenue, and legally described as the Southwesterly 82 feet of Lot 6 of Tract
No. 456, in the City of Newport Beach, County of Orange, State of California, as per map recorded
in Book 17 Page(s) 9 of Miscellaneous Maps in the Office of the County Recorder of said County,
except the Southeasterly 150 feet thereof, requesting approval of a seven -unit residential
condominium project. The following approvals are requested or required to implement the project
as proposed:
a. A tentative tract map pursuant to Newport Beach Municipal Code (NBMC) Chapter
19.12 (Tentative Map Review) to allow the individual sale of each dwelling unit as
a condominium; and
b. A major site development review pursuant to Table 5-2 of NBMC Section
20.52.080(B) (Site Development Reviews) for construction of five or more dwelling
units with a tentative tract map;
WHEREAS, the subject property is designated Multiple -Unit Residential (RM) by the Land
Use Element of the General Plan and located within the Multi -Unit Residential Detached (RM -D)
Zoning District;
WHEREAS, the subject property is not located within the coastal zone;
WHEREAS, a public hearing was held by the Planning Commission on November 17,
2016, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of
time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown
Act and the NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing. At the conclusion of the public hearing, the
Planning Commission voted to adopt Resolution No. 2036, approving the project;
WHEREAS, on December 1, 2016, a neighbor living adjacent to the subject property
appealed the Planning Commission's decision to the City Council;
WHEREAS, the neighbor's appeal of Major Site Development Review No. SD2016-002
was timely because it was made within the fourteen -day appeal period provided in NBMC Section
20.64.030(6); however, the appeal of Tentative Tract Map No. NT2016-003 was not timely
because it was past the ten-day appeal period provided in NBMC Sections 19.12.050 and
20.64.030(B)(1);
WHEREAS, due to the timing of the appeal, Tentative Tract Map No. NT2016-003 is final
and not subject to appeal, and the only item before the City Council is an appeal of Major Site
Development Review No. SD2016-002; and
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Resolution No. 2017-15
Page 2 of 8
WHEREAS, a public hearing was held by the City Council on February 28, 2017, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach to consider the appeal. A
notice of time, place and purpose of the public hearing was given in accordance with the Ralph
M. Brown Act and the NBMC. Evidence, both written and oral, was presented to, and considered
by, the City Council at this public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City Council does hereby uphold the Planning Commission's approval
of Major Site Development Review No. SD2016-002 subject to the conditions of approval
attached as Exhibit "A," and incorporated herein by reference. The City Council's decision is
made in accordance with NBMC Sections 20.52.080(F) (Site Development Reviews — Findings
and Decision), and is supported by the following findings and facts:
Finding
A. The proposed development is allowed within the subject zoning district.
Fact in Support of Finding:
The subject property is located within the RMD Zoning District, which principally
provides for areas appropriate for multi -unit residential developments exclusively
containing detached dwelling units. The proposed multi -unit residential development is
replacing and improving an existing multi -unit residential development. Although the
proposed development does not contain detached dwelling units, the project is
consistent with the General Plan and any applicable development standards within the
Zoning Code and is allowed in the RMD Zoning District.
Finding:
B. In compliance with all of the applicable criteria identified in NBMC Subsection
j2 0.5 2.O 8 0 f(C) (2) (c)
a. Compliance with this Section, the General Plan, the Zoning Code, any applicable
specific plan, and other applicable criteria and policies related to the use or
structure;
b. The efficient arrangement of structures on the site and the harmonious
relationship of the structures to one another and to other adjacent developments;
and whether the relationship is based on standards of good design;
C. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on
the site and adjacent developments and public areas;
d. The adequacy, efficiency, and safety of pedestrian and vehicular access,
including drive aisles, driveways, and parking and loading spaces;
e. The adequacy and efficiency of landscaping and open space areas and the use
of water efficient plant and irrigation materials; and
f. The protection of significant views from public right(s)-of-way and compliance
with NBMC Section 20.30.100 (Public View Protections).
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Resolution No. 2017-15
Page 3 of 8
Facts in Support of Finding:
The Land Use Element of the General Plan designates the subject property as RM,
which is intended primarily for multi -family residential developments containing attached
or detached dwelling units. The proposed multi -unit residential development is
consistent with the General Plan designation.
2. The proposed development complies with the development standards of RMD Zoning
District. The proposed buildings are approximately 33 feet tall, which complies with the
maximum height limitation. The buildings also meet all required setbacks and common
and private open space requirements. Seven, two -car garages and four uncovered
guest parking spaces are proposed for the development, which meets the Zoning Code
required parking.
3. The proposed development will incorporate consistent architectural design such that all
structures on the property are unified. Architectural treatment will harmonize with the
surrounding neighborhood.
4. The proposed site layout maintains the existing vehicular access from Santa Ana
Avenue. The site layout and guest parking area allow vehicles sufficient space to turn
around on-site. Pedestrian access to the site is available along Santa Ana Avenue along
an existing public sidewalk.
5. The Public Works Department has reviewed and approved the site plan, proposed
improvements, parking configuration, and access driveway subject to the conditions of
approval.
6. The 20 -foot front setback and site layout provide for additional landscaping opportunities
immediately adjacent to the street. As conditioned, all landscaping will comply with
NBMC Chapter 14.17 (Water -Efficient Landscaping).
7. The subject property is not located at or near a public view point or corridor as identified
in the General Plan Figure NR3 (Coastal Views); and therefore, is in compliance with
NBMC Section 20.30.100 (Public View Protections).
Finding:
C. Not detrimental to the harmonious and orderly growth of the City, or endanger,
jeopardize, or otherwise constitute a hazard to the public convenience, health, interest,
safety, or general welfare of persons residing or working in the neighborhood of the
proposed development.
Facts in Support of Finding:
A similar multi -unit residential development has existed at this location since 1975,
according to County records. The proposed seven -unit residential condominium
development will replace and improve the existing development. The amount of traffic
to and from the site will not significantly change.
7-54
Resolution No. 2017-15
Page 4 of 8
2. The proposed development will comply with all Building, Public Works, and Fire Codes.
The project will also comply with all City ordinances and conditions of approval.
3. The project has been conditioned to ensure that potential conflicts with surrounding land
uses are minimized to the extent possible to maintain a healthy environment.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this resolution is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this resolution. The City Council hereby declares that
it would have passed this resolution, and each section, subsection, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases be declared invalid or unconstitutional.
Section 4: This action is categorically exempt under Section 15332, of the State of
Califomia Environmental Quality Act (CEQA) Guidelines — In -fill Development because it has no
potential to have a significant effect on the environment. In this case, the project is consistent with
the General Plan Land Use Element category of RM as well as the RM -D Zoning District.
Residential condominiums are an allowed use in the land use category designation as well as in
RM -D. The project site area is less than five acres and surrounded by residential development
and a golf course. The lot is substantially developed and is not within environmentally sensitive
areas. The proposed project was reviewed by the Public Works Department and concerns with
traffic were not found. Further, a traffic study was not required under the City's Traffic Phasing
Ordinance (TPO). No significant effects are anticipated with regard to noise or air quality as the
proposed project will be replacing an existing multi -family development. A preliminary water
quality management plan (WQMP) was reviewed and approved to address potential water quality
issues. The project was also reviewed by the Public Works and Fire Departments and it was
determined the lot maintains adequate access to utilities and public services.
Section 5: This resolution shall take effect immediately upon its adoption by the City
Council, and the City Clerk shall certify the vote adopting this resolution.
11
11
11
11
11
11
7-55
Resolution No. 2017-15
Page 5 of 8
ADOPTED this 281h day of February, 2017
Kevin Muldo
Mayor
ATTEST:
r 1l�U►I !�
PQ��
Leilani I. Brown V O
City Clerk ,� `�'
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment: Exhibit A — Conditions of Approval
7-56
EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division
Resolution No. 2017-15
Page 6of8
The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except as
modified by applicable conditions of approval.)
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4. A copy of the Resolution, including conditions of approval listed as Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
5. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Site
Development Review file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include architectural
sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall
accurately depict the elements approved by this Site Development Review and shall
highlight the approved elements such that they are readily discernible from other
elements of the plans.
6. Prior to the issuance of building_ permits, the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall incorporate
drought tolerant plantings and water efficient irrigation practices, and the plans shall be
approved by the Planning Division. Compliance with Newport Beach Municipal Code
Chapter 14.17 (Water -Efficient Landscaping) shall be appropriately demonstrated.
7. Prior to the issuance of buildinq permits, the fair share traffic contribution in effect at the
time shall be paid in accordance with the Municipal Code.
8. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy and
growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be
kept operable, including adjustments, replacements, repairs, and cleaning as part of
regular maintenance.
9. Building owners and tenants shall keep the building exteriors and facades clean and in
good repair.
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Resolution No. 2017-15
Page 7 of 8
10. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the
Director of Community Development, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Director may order
the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
11. Prior to the issuance of building permits the applicant shall prepare photometric study
in conjunction with a final lighting plan for approval by the Planning Division. The survey
shall show that lighting values are "1" or less at all property lines.
12. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
13. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise -generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday
and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are
not allowed on Sundays or Holidays.
14. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
15. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City's
approval of the Santa Ana Avenue Cottages including, but not limited to, Major Site
Development Review No. SD2016-002 (PA2016-069).This indemnification shall include,
but not be limited to, damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim, action, causes of action,
suit or proceeding whether incurred by applicant, City, and/or the parties initiating or
bringing such proceeding. The applicant shall indemnify the City for all of City's costs,
attorneys' fees, and damages which City incurs in enforcing the indemnification provisions
set forth in this condition. The applicant shall pay to the City upon demand any amount
owed to the City pursuant to the indemnification requirements prescribed in this condition.
16. Prior to submittal for building permits, the applicant shall submit revised elevations
reflecting smooth stucco and enhanced architectural features for review and approval of
the Planning Division. If the Planning Division determines the revisions do not meet the
intent of the City Council's action, the design shall be submitted to the City Council for
review.
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Resolution No. 2017-15
Page 8 of 8
Public Works Department
17. An encroachment permit shall be required for all work activities within the public right-
of-way. An encroachment agreement shall be required for any private improvements
installed within the public right-of-way.
18. All on-site drainage shall comply with the latest City water quality requirements.
19. All improvements shall comply with the City's sight distance requirement per City
Standard 110-L.
20. The parking layout and drive aisles shall comply with City Standards STD -805 -L-A and
STD -805 -L -B. Dead end drive aisles shall provide a dedicated turnaround space and a
five-foot minimum clear paved hammerhead/drive aisle extension. The drive aisle shall
be a minimum of 26 feet wide.
Fire Department
21. Adequate emergency access shall be required pursuant to California Fire Code Section
503.1.
22. Pursuant to California Fire Code Section 507.1, an approved water supply capable of
supplying the required fire flow far fire protection shall be provided to the premises upon
which the buildings are to be constructed.
23. An automatic fire sprinkler system shall be installed in compliance with California Fire
Code Sections 903.2.8 and 903.2.18.
Building Division
24. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City -
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2017-15 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 28th day of February, 2017, and that the same was so passed and adopted by
the following vote, to wit:
AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Scott
Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin
Muldoon
NAYS: Council Member Diane Dixon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 1 st day of March, 2017.
4��J,bolv,
L.eilani I. Brown, MMC `
City Clerk
Newport Beach, California
(Seal) 4 �EW�O'�
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